A direction to the jury to consider the interest of the accused in the outcome of the case remains a misdirection contrary to Robinson v The Queen, but where the defence of duress under s 10.2 of the Criminal Code Act 1995 (Cth) could not have succeeded on the accused's own evidence — particularly where the accused had numerous opportunities to report to law enforcement authorities — the misdirection will not occasion a miscarriage of justice. The question whether 'reasonably believes' in s 10.2 incorporates the personal characteristics of the accused (as distinct from the entirely objective test held in Oblach) remains open in Western Australia.
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